Macon, Ga. - Deaf and hard of hearing people incarcerated in Georgia prisons asked a federal court today to order the Georgia Department of Corrections to ensure that they can access information about meals and medication and effective communication with health care providers.
The motion for a preliminary injunction comes in Harris v. Georgia Department of Corrections, a case first filed in 2018 by the American Civil Liberties Union, the ACLU of Georgia, the National Association of the Deaf, and Weil, Gotshal & Manges, LLP. They represent a class of deaf and hard of hearing people in GDC custody and are seeking the order in the face of ongoing, irreparable harm of the denial of food, medicine, and health care.
“Deaf and hard of hearing people in Georgia prisons are facing a crisis that prison officials refuse to solve. Our class members are missing medications they need in order to live — including medications that treat seizures and schizophrenia. They are losing significant weight because of missed meals. And they’re not getting equal care in medical appointments because they can’t explain their symptoms to their providers and they can’t understand their providers’ care plans. This isn’t an isolated issue, it’s systemic, it’s dangerous, and it’s urgent the court act swiftly to protect the rights these individuals have under federal disability laws,” said Zoe Brennan-Krohn, director, of the ACLU Disability Rights Program.
The motion argues that, by denying people with hearing disabilities effective communication with health care providers and equal access to information about meals and medication, GDC is violating the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. Because of their disabilities, many deaf and hard of hearing people cannot hear verbal announcements for medications or meals. GDC also fails to provide auxiliary aids and services, including sign language interpreters and captioning, during medical, dental, and mental health visits.
“Deaf and hard of hearing people across Georgia’s prison system are denied access to necessary information about their meals, medications, and health care. These systemic failures are dangerous and unlawful,” said Andrés M. López-Delgado, senior staff attorney, ACLU of Georgia. “The court should act swiftly to protect all those affected and ensure the Department of Corrections meets its legal obligations.”
One class member, Mr. Simmonds, was forced to discontinue essential medication for schizophrenia, resulting in hallucinations. Another class member, Mr. Smith, regularly misses his anti-seizure medication and has had repeated seizures. Mr. Herrera, also a class member, has lost 89 pounds as a result of GDC’s failure to inform him of mealtimes. And class member Mr. Birdow was nearly subjected to a surgery he never knew about, let alone consented to, due to GDC’s failure to provide captioning for telemedicine appointments. People incarcerated in GDC facilities also describe chaotic and violent conditions, including gang-controlled units, absence of prison guards, and violence and harassment.
Lead Plaintiff Ricardo Harris describes that prison staff refuse to communicate with him using interpreters, even though they know that he is deaf. He misses meals regularly and has been unable to communicate with prison staff or medical providers about his health, including chronic conditions and new symptoms. “I feel like an animal in a zoo here. Staff mostly ignore me or laugh at me, like I am not a person.”
The motion was filed in the U.S. District Court for the Middle District of Georgia. It seeks an order requiring the Georgia Department of Corrections to provide people with hearing disabilities an equal opportunity to participate in and access what they need to survive in prison: food, medicine, and health care.
The motion for a preliminary injunction is available here: https://www.aclu.org/cases/harris-v-georgia-department-corrections?document=harris-v-georgia-department-corrections-complaint
This press release is available here: https://www.aclu.org/press-releases/deaf-and-hard-of-hearing-people-in-georgia-prisons-seek-order-requiring-accommodations
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